Bond ReleaseCity of Kalispell
PO Box 1997 -Kalispell, MT 59903-1997
Telephone (406) 758-7000 Fax - (406) 758-7758
February 18, 2014
State of Montana
Department of Administration
Architecture and Engineering Division
PO Box 200103
Helena, MT 59620-0103
RE: Performance Bond No. 0128790 $ 425,000.00
Dear Sirs,
The City of Kalispell is releasing the performance bond listed above per Mark Crowley
with the Public Works Department. If you have questions, please contact me at 406-
758-7750.
Sincerely,
y,
4�
Debra J. D 'sit
Treasurer
ddeist@kalispell.com
Deb Deist
From: Mark Crowley
Sent: Friday, February 14, 2014 4:45 PM
To: Deb Deist
Subject: Timberwolf Center Bond
After reviewing the file, and speaking with my supervisor, I want you to release the bond associated with the Timberwolf
Center - DNRC building. It is bond #018790 for $425,000.00 and was submitted by Hammerquist & Casalegno.
Another file I am looking into is the Timberwolf Center Phase 113 — 911 Center. can you pull that file out for me when
you get a chance. I'd like to look at it.
U12M
STATE OF MONTANA
DEPARTMENT OF ADMINISTRATION
ORIGI, N N Nr Atom, ARCHITECTURE RE AND ENGINEERING DIVISION
1520 E Sixth Ave i P 0 Box 200103 *-Helena MT 59620-0103
Phnni • AIV AAA-1 1 Od • 'Pnv- A11A ddd_q'ZQQ
PERFORMANCE BOND — ROAD IMPR.OVEM-ENTS,,KNOW ALL MEN BY THESE PRESENTS, that we:
Hammerquist Casalegno
(Contractor), hereinafter called the Principal, and
Berkle Re Tonal Insurance C m an
(Surety), a corporation- licenseo.to do business as a surety under the laws of the State of Montana, hereinafter called
Surety, are held and firmly, bound.unto. the State. of. -Montana. and -the -City of Kalispell as dua[--obligoes in the full and just
sum of: Four Hundred and Twenty Five Thousand and NO Hundreds Dollars
$425,000-00
rnumbers; in alpha]. DOLLARS1 �
(cast for roadway and utilitymor:k associated. with improvements.. -to Stiilwater,,Road and Tim berwolf-.Parkway only) as
identified in the contract -:enumerated -below -to -be paid to the State of Montana or the City of Kalispell --or their assigns, to
which payment we bind, ourselves,- heirs, executors, administrators, succes"sons and assigns.,-jointly;°severally, firmly by this
Fond.
WHEREAS, the Principal has entered into a contract with the State of Montana, acting by and through its Director,
Department of Administration dated ?/P0nd whereas it is one of the conditions of the award of the contract pursuant to
statutes that this bond be executed for the improvements to Stillwater load and Farmstead Parkway as identified in the
contract enumerated below for the Project entitled:
Road and Ut i 1 ty Work — Stillwater Road and Timberwol f [PROJECT NAME]
In Connection with Kalispell DNRC/DEQ Co —Location [AGENCYNAME]
AE Project # 27-38-01 [AIE PROJECT #J
NOW, THEREFORE, the conditions of this obligation are such that if the above Principal as Contractor shall promptlyand
faithfully perform all of the provisions of the contract, and all obligations thereunder including the specifications, and any
alterations provided for, and shall in a manner satisfactory to the State of Montana, complete the work contracted for including
any alterations, and shall save harmless the State of Montana from any expense incurred through the failure of the Contractor
to complete the work as specified, then this obligation shall be void; otherwise it shall remain in full force and Effect.
The surety hereby waives notice of any extension of time and any alteratiorqs-r�ade in the term of the contract, unless the
Verified by:
Architecture & Engineering- Div.
Department of Administration
State of Montana
)ject cost to excee hi��,briginal roc m by more than 10%.
Contractor:. --�
(siatu(e}
Iammerquist Casalegno
(print name,
! -'
- - *7 -
(datej.
Surety: Berkley Regional Insurance Company
(print -name)
(date}
By:
(Att rney-in-Fact, seal & signature)
Ed Heine/ Attorney —
,(Agency)
Payne Financial Grou, . Tnc: G
(Str6at Address)
145 West Front Street
(Address)
Missoula, MT 59802
(PhonelFax)
406-532-5911/406-721-4241
S:1Share\Project_Fi1esl3$.- Dept of:aNR0127=38-01, Co -Locate Kalispell DN tG-DEQ1273801�Forr 112_Perfarananee11 eand=Road Improvers s..do�FC}, °� 12
Page <1 Hof --Fast form revision (12-01,2008}- 1-
:-
To be attached to and form a part of contract bond number Q.1 ? ..§70., issued by the
Berklev -Reqj2nal Insurance Com@any.-----------
on behalf of Hamm r_ uist - --
intheamountof lour Hundred Twenty, Five Thousand Dollars and 00/100
Dollars($ 425,1000.00 . ...... ...... .
4
and dated July.171 2008 m favor of
State of Montana
7W ""W" *A- i, 0 FA 60-4ml, PON I
in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration receipt of which is hereby
acknowledged, the Undersigned hereby agree as follows:
1. The City ofKq,1isj2ell , Montana - -------
--- -------
is hereby added to said bond as an additional obligee,
2. Ile Surety shall not be liable under this bond to the Obligee, or either of them unless the said Obligees, or either of them, shall
make payments to the Principal strictly in accordance with the terms of tho said contract as to payments, and shall perform all
other obligations to be performed under said contract at the time, and in the manner therein set forth.
3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond after two (2) years from the, day
on which the final payment under said construction contract falls due®
4. Aggregate liability of Surety
hereunder, shall be subrogatcd
obligation discharged by the
obligation.
Signed, Scaled and Dated this
State of Montana
City of Kalispell, Montana
hereunder to Obligees Is limited to the penal sum above stated and Surety, upon making payment
to, and shall be entitled to an assig=ent of all fights of the payee With respect to the particular,
payment, either against principal or against any other party liable to the payee, on the discharged
1 7th
day of J u ly 1 2008 16
Harnmerquist & Casalegno
Berkley Regional Insurance Company
By
WON,!
Ed eine Attorney4-Fact
PRINTED IN U.&A.
RERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS., that BERKLEY REGIONAL INSURANCE COMPANY (the "Company")" a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich,
Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ed Heine,
Kerry Heine, George S. Seaton or Aimee N. Cavill of Payne Financial Group, Inc. of Missoula, MT
its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Thirty Million and 00/100 Dollars ($30,000,000.00), to the same extent as if such bonds had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the -Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this day of^teaL'
)2008.
Attest: Berkley Re al Insurance Company
(Seal) By By
Ira S. Lederman Robert P. Cole
Senior Vice President & Secretary Senior Vice President
WARNING.- THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) SS:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this day of 2008) by Robert P. Cole and Ira S. Lederman
who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secreftary, respectively, of Berkley Regional Insurance
Company. At
EILEEN KILLEEN
NO TAR Y PUBLIC Notar fr)
My COMMISSION EXPIRES JUTE 3012M2 y.1'11 lic, Si3fe of Connecticut
CERTIFICATE.
1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANTCE COMPAT-41Y., D0.12i r.4,Rr,-4.BY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said F`oiver of Attorney leas no.11- 'been revoked or rescinded and that the
authority of the Attorney -in -Fact set forth therein, who executed the bond or unjdc�rtaking to which this Power of Attorney is attached, is in full
force and effect as of this date. 'Ile
day of
Given under my hand and seal of the Company, this
(Seal)
John F. 1-�c K's
7